Redundancy / holidays - Insolvent

dickibobboy

Hello, 

I’m looking for a bit of advice regarding redundancy + holidays/lieu

I’ve heard on the grapevine that my employer is going to be going insolvent very shortly and is dealing with a company to manage this. From what i understand this months wages will be paid to us without issue but any redundancy pay will have to be done through the government support and done through an RP1 form i should get. 

Holidays

My current holiday allowance for a year is 23 days and runs from May 1st to April 30th. 

I’ve currently used 8.5 days so far, based on calculations i earn 1.92 days per month. Assuming this all happens at the end of the month i should have made 13.42 days which leaves me with 4.92 days remaining owed. This makes sense if my calculations are right and i can claim that through the government support. 

Last year due to Covid i didn’t use all my holidays and i’ve carried over from the last allowance 10 days. 

Meaning technically i’m owed 14.92 days based on the above. 

My worry is that the government support won’t take into account any extra ones from last years allowance and i’ll be left without 10 days of holiday pay i made? From what i can see on the government site “You’re only paid for holidays you took or accrued in the last 12 months before  your employer became insolvent” 

If my employer altered my holiday allowance for this year to say 33 days i’d still lose out as based on what i’ve taken vs what i’d have accrued it would only come to 10.75 days owed. 

That’s the first part! 

Lieu

I’m also owed 4 days in lieu - this is kept off our HR system and just logged locally. I can’t see anywhere where i’d be able to claim this back, my employer would probably accept and add this onto available holiday days available but again this would contribute to all the above giving potentially more headache and loss?

Notice Period

Again this will have to be claimed through the government service. The wording in my contract is..

The current minimum statutory notice required by an employer is:

(a) one week's notice if you have been employed by us continuously for one month or more, but for less than two years

(b) two weeks' notice if you have been employed by us continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks.

Your notice period is 12 weeks.

This has been read by some that the notice period is 12 weeks pay that we’d be entitled to. I’m reading it as if i were to leave i need to give 12 weeks notice but if they give me notice to leave it would be based on the statutory outlined?

Any advice would be much appreciated my heads all over! ACAS didn’t really give much help other than what i’ve read on the government site regarding claiming holidays ‘up to 6 weeks’ but all the above could change that. 

Basically i don’t want to lose out on what i’ve earned - If there’s anything my employer could do to make sure that doesn’t happen i’m sure they would (log as overtime maybe but not pay me? i don’t know i’m thinking of everything). I know they wouldn’t be able to pay me any extra than my current wage. 

Thank You

Thrugelmir

You should be using b/fwd leave before this years entitlement. 

superbigal

You have not used up any of this years holiday.  
As you are still solvent, I suggest you simply take 5.5 days off pronto to use up your 4 days in Lieu & 1.5 carry over still outstanding from last year.